The Union complained that the defendant operators of a web-site had permitted the sale of its tickets at far above their face value. The Court considerer whether it was proper to make a Norwich Pharmacal order which would entail the disclosure of personal data contrary to the Data Protection Directive and the 1998 Act. Held: … Continue reading Rugby Football Union v Viagogo Ltd: CA 20 Dec 2011
Information relating to graduating students – Mr Ralph Lucas requested from the University of Glasgow (the University) statistical data relating to certain students who had graduated from the University in the academic years 2006/7 to 2008/9 inclusive. The University responded by advising Mr Lucas that it considered the information to be exempt from disclosure in … Continue reading Ralph Lucas and University of Glasgow: SIC 8 Aug 2011
The complainant requested information from the Information Commissioner which related to his investigation into case FS50165372. The Commissioner confirmed that he held the relevant information however refused to provide it on the grounds it was exempt from disclosure under section 44(1)(a) of the Freedom of Information Act 2000, by virtue of section 59(1) of the … Continue reading Information Commissioner (Decision Notice): ICO 27 May 2010
Appeal against Information Notices issued under Schedule 36 of Finance Act 2008 – whether the information was reasonably required – whether Data Protection Act 1998 applies- whether Police and Criminal Evidence Act 1984 applies – whether information required is unreasonable and onerous – appeal dismissed Citations: [2011] UKFTT 187 (TC) Links: Bailii Jurisdiction: England and … Continue reading D Midgley and Sons Ltd and Another v Revenue and Customs: FTTTx 17 Mar 2011
The complainant has requested a copy of a financial viability assessment relating to a large housing development at the Elephant and Castle in London. London Borough of Southwark refused the request, withholding the information under the exception for the confidentiality of commercial or industrial information. During the course of the Commissioner’s investigation the council applied … Continue reading Southwark Council (Decision Notice): ICO 18 Jul 2013
The complainant has requested information on behalf of his nephew regarding two complaints he made to the Financial Service Ombudsman (the FOS) concerning a High Street Bank. He wanted a copy of the documentation held by the FOS in relation to its investigation of his complaints. The FOS has provided the complainant with his nephew’s … Continue reading Financial Ombudsman Service (Decision Notice): ICO 3 Sep 2013
The complainant requested information from Ashfield School about the Chair of Governor’s investigation of a number of his grievances. The Governors have given the complainant some information, principally the minutes of the meeting where the grievances were heard. The complainant stresses that it is Chair’s notes of his investigation and any associated documents related to … Continue reading Ashfield School (Decision Notice): ICO 12 Feb 2008
Dismissed Citations: [2017] UKFTT 2016 – 0277 (GRC) Statutes: Data Protection Act 1998, Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 13 September 2022; Ref: scu.591361
The claimant complained of the reporting of a sexual encounter which he said was private. Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes … Continue reading Mosley v The United Kingdom: ECHR 10 May 2011
Enforcement notice Citations: [2016] UKFTT 2016 – 0027 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 10 September 2022; Ref: scu.563305
Freedom of Information Act 2000 – personal data: section 40(2) – Data Protection Act 1998: Schedule 1, Part 1, Schedule 2, paragraph 6(1) Citations: [2011] UKFTT EA – 2010 – 0130 (GRC Links: Bailii Statutes: Freedom of Information Act 2000 Information Updated: 08 September 2022; Ref: scu.434825
The complainant requested comments made by other residents which he considers resulted in Surrey County Council refusing an amendment to a disabled parking bay zone. The council applied section 41 (information provided in confidence) and section 40(2) (personal data of third parties) and refused his request. On review it upheld that decision. The Commissioner’s decision … Continue reading Surrey County Council (Decision Notice): ICO 16 Aug 2012
The issue was whether ‘data’ within the Data Protection Act 1984 was limited to data in computer-readable form. Held: The offence of the ‘use’ of protected data required something beyond inspection on a computer screen including printout. There is a tension at inter-state level between the need to protect privacy, and the need for free … Continue reading Regina v Brown (Gregory): HL 9 Feb 1996
ICO The complainant requested information relating to bullying complaints at the College and also information about 3 teachers at the College. The College stated that it did not hold information relating to bullying complaints and refused to provide information requested about 3 teachers on the grounds that disclosure would contravene the requirements of the Data … Continue reading Garforth Community College (Decision Notice): ICO 22 Nov 2006
A disgruntled senior employee had divulged on the internet personal details of several thousand employees. The claimants alleged that that had been a breach of the 1998 Act, and that the appellants were vicariously liable for that wrong. Held: The appeal by Morrisons was allowed. The close connection test was answered by looking at what … Continue reading WM Morrison Supermarkets Plc v Various Claimants: SC 1 Apr 2020
The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting. Held: The fact that she … Continue reading Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
The complainant requested that the Treasury Solicitor’s Department provided him with the identity of the individual(s) whose allegations culminated in him being declared a vexatious litigant. TSOL refused to disclose the information on grounds provided by section 30 (investigations and proceedings conducted by public authorities) or, in the alternative, section 31 (law enforcement) of the … Continue reading Treasury Solicitors (Decision Notice): ICO 19 Oct 2009
The complainant has requested from Norfolk County Council (‘the council’) the social care records of his late mother. The council relied on the exemption at section 41(1) of the Freedom of Information Act (‘FOIA’) that the information cannot be disclosed as it would constitute an actionable breach of confidence. During the Commissioners investigation, the council … Continue reading Norfolk County Council (Decision Notice): ICO 2 Aug 2012
Claim against private investigator, seeking compliance with the 1988 Act, in particular seeking details of personal information held. Held: ‘The claimants’ SAR is and was valid. There was never any proper basis for questioning its validity. CSD’s failure to disclose any personal data at all represents a breach of the claimants’ rights. The personal data … Continue reading Gurieva and Another v Community Safety Development (UK) Ltd: QBD 6 Apr 2016
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
Dismissed : Freedom of Information Act 2000 – Appeal dismissed Citations: [2013] UKFTT EA – 2012 – 0236 (GRC, EA/2014/0066 Links: Bailii, ICO Statutes: Freedom of Information Act 2000 Jurisdiction: England and Wales Citing: See Also – Cubells, Regina (on The Application of) v Independent Police Complaints Commission CA 15-Oct-2012 The claimant’s mother had died … Continue reading Cubells v Information Commissioner: FTTGRC 2 Aug 2013
The Claimant claimed under Section 7(9) of the 1998 Act for failures to disclose data to him following several requests. He sought (i) a declaration that the National Assembly had failed to comply with their obligations under the 1998 Act, (ii) damages in respect of that non-compliance, and (iii) an order requiring them to comply. … Continue reading Ezsias v The Welsh Ministers: QBD 23 Nov 2007
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures. Held: The claimants had gone to lengths to ensure the commercial value of their celebration, and it could attract the protection given in law to confidential matters. What matters … Continue reading Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003
Claim for misuse of private information. The central issue is whether the Claimant can have a reasonable expectation of privacy in information that relates to a criminal investigation into his activities. Judges: Nicklin J Citations: [2019] EWHC 970 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Citing: See Also – ZXC … Continue reading ZXC v Bloomberg LP: QBD 17 Apr 2019
Mr Candy claimed remedies for what he alleged were completed or threatened wrongs in the form of breach of confidence, misuse of private information, and breach of the Data Protection Act 1998 (‘DPA’) against five defendants, one of whom had filmed the claimant misbehaving whilst intoxicated, and threatened to publish it. Judges: Warby J Citations: … Continue reading Candy v Holyoake and Others: QBD 2 Mar 2017
The claimant appealed against the refusal of a privacy order, protecting his identity in his claim. Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable expectation of privacy Judges: Lord Neuberger MR, Etherton, Gross LJJ Citations: [2011] EWCA Civ 808, [2012] EMLR … Continue reading Hutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others: CA 19 Jul 2011
Renewed application for leave to appeal against orders making a limited declaration that there were certain breaches on the defendant’s part of their obligations under the Data Protection Act 1998 in that they did not disclose all disclosable personal data to the claimant within the statutory 40-day time limit, but otherwise his claim for a … Continue reading Ezsias v Welsh Ministers: CA 24 Jun 2008
The complainant requested emails between officials of Wycombe District Council (the Council) relating to the investigation of a complaint made about him. The Council initially refused the request under the exemptions provided by sections 42(1) (legal professional privilege) and 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views) … Continue reading Wycombe District Council (Decision Notice): ICO 12 Aug 2013
ICO The complainant requested six pieces of information connected with the investigation of a serious allegation that was made against him. The public authority refused to provide this information citing Section 30(1) (Information obtained during an investigation), Section 38 (Health and Safety), Section 40(1) (Personal Data relating to the applicant) and Section 40(2) (Unfair Disclosure … Continue reading Devon and Cornwall Constabulary (Decision Notice): ICO 7 Nov 2007
ICO In this matter the complainant made a series of Freedom of Information requests of the public authority. The requests were refined and the Commissioner has made a decision about three outstanding items. The Commissioner has concluded that all of those items, in this context, constitute the complainant’s personal data and therefore they are exempt … Continue reading University of Leicester (Decision Notice): ICO 23 Dec 2008
Company directors used council employee to illegally access tenants’ details A Slough letting agent and one of its directors who unlawfully obtained details about their tenants from a rogue employee at Slough Borough Council have been found guilty of committing offences under Section 55 of the Data Protection Act 1998 (DPA). At Reading Magistrates today, … Continue reading Sandhu (Prosecution): ICO 30 Mar 2012
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007
The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information … Continue reading Johnson v The Medical Defence Union: CA 28 Mar 2007
The appellant appealed her conviction under the 1998 Act. As a police support worker, she had used the Force’s computer to access information about former boyfriend. She replied that the access was simply for the purpose of ensuring the records were up to date. She now said that to say to her sister that the … Continue reading Regina v Rooney: CA 12 Jul 2006
The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified. Held: Since the whole purpose of 2002 Act is the release of information, it should be construed in as liberal a manner as possible. The table setting out the census ward data, … Continue reading Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006
The complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held … Continue reading Leeds City Council (Local Government): ICO 21 May 2018
The claimant wished to bring an action against the defendant enquiry agent, saying that it had obtained unlawful access to details of his bank accounts, and now sought disclosure of documents. The defendant denied wrongdoing, and said it had returned all papers to solicitors. Held: The proposed respondents had not been fully candid, and a … Continue reading Hughes v Carratu International Plc: QBD 19 Jul 2006
The complainants are a firm of solicitors representing clients who are in dispute with the council over their house. The house is close to the intended route of a new section of road and the clients are concerned that this will adversely affect their enjoyment of, and the value of their property. The council provided … Continue reading East Sussex County Council (Decision Notice): ICO 9 Mar 2011
The claimant had been employed as an IT teacher. He was disciplined for testing the school’s computer system and revealing that it was open to abuse by hackers. He complained that this had been a qualifying protected disclosure under the 1996 Act. The claimant now sought leave to appeal. Held: Leave was granted. The single … Continue reading Bolton School v Evans: CA 9 May 2006
The complainant requested various information about WCC’s treatment of her mother. There is no evidence that the Complainant had any right to act on her mother’s behalf, or that her mother has given consent for information about her care to be provided to the Complainant. The Complainant also asked for information about the complaint she … Continue reading Worcestershire County Council (Decision Notice): ICO 31 May 2006
The complainant requested a copy of the public authority’s report into an accident involving their client. Although some information was provided to the complainant under the Data Protection Act 1998 the public authority refused to provide some information on the grounds that it was exempt under section 30(1)(b) of the Freedom of Information Act 2000. … Continue reading Health and Safety Executive (Decision Notice): ICO 28 Mar 2011
PRACTICE AND PROCEDURE – Striking-out/dismissal VICTIMISATION DISCRIMINATION – Whistleblowing An employment judge had not erred in law by deciding that the appellant’s allegation that the respondent employer had subjected the appellant to a detriment by persistently refusing to disclose documents pursuant to a ‘subject access request’ under the then Data Protection Act 1998 had no … Continue reading Akhigbe v Berkeley Homes (Urban Renaissance) Ltd: EAT 26 Feb 2019
The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules. Held: Though his claim still was for wrongful processing under the 1998 Act, that claim … Continue reading Johnson v Medical Defence Union Ltd: ChD 9 Nov 2004
The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997
Appeal against rejection of claim for access to records held by the claimant’s wife’s solicitors in dispute with him. Judges: Rix LJ Citations: [2002] EWCA Civ 1544 Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information, Legal Professions Updated: 27 June 2022; Ref: scu.217705
The complainant’s son died in a traffic incident which occurred on the A1(M) in Hertfordshire in July 2003. Since then he has been in correspondence with the public authority seeking access to information relating to its investigation of this incident. Partial disclosure had been made to him as the father of the deceased (not as … Continue reading Hertfordshire Constabulary (Decision Notice): ICO 28 Feb 2008
The complainant requested information relating to himself, the Tyldesley Diary and British Library’s internal management report on an incident involving the Tyldesley Diary. The British Library released some information and relied on the exemptions at sections 21, 31, 36(2)(b)(i), 36(2)(b)(ii), 36(2)(c), 40(1), 40(2), 41, 42, 43 to withhold other information. The Commissioner identified that some … Continue reading British Library (Decision Notice): ICO 26 Sep 2011
The complainant has requested a copy of the winning tender submission for a gas maintenance and service contract. Central Bedfordshire Council refused the request under the commercial interests exemption. The Commissioner’s decision is that the council wrongly interpreted the scope of the request and that it failed to demonstrate that the commercial interests exemption is … Continue reading Central Bedfordshire Council (Decision Notice): ICO 17 Jan 2013
Judges: Warby J Citations: [2019] EWHC 893 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 17 June 2022; Ref: scu.635988
Citations: [2013] UKFTT EA – 2012 – 0171 (GRC Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 11 June 2022; Ref: scu.517859
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
The complainant supplied Wycombe District Council (the Council) with an address and a vehicle registration number, together with details of the vehicle make, model and colour, and asked it to confirm whether the Council had issued any penalty charge notices on the vehicle. The Council refused to supply this information, citing section 40(2) of the … Continue reading Wycombe District Council (Decision Notice): ICO 10 Mar 2011
The complainant requested from Darlington Borough Council a copy of the assessment made by the Local Government Ombudsman in relation to a complaint made by a developer of a neighbouring property. The council relied on regulation 12(5)(d) to withhold information. The Commissioner decided that some of the information was the complainant’s personal data and therefore … Continue reading Darlington Borough Council (Decision Notice): ICO 12 May 2011
The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid. Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. … Continue reading Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002
SIC Name of a dog owner – On 3 July 2014, Mr Y asked South Lanarkshire Council (the Council) for the name of the legal owner of a specific dog. The Council withheld this information. Following a review, Mr Y remained dissatisfied and applied to the Commissioner for a decision. The Commissioner investigated and accepted … Continue reading Y v South Lanarkshire Council: SIC 19 Dec 2014
The applicant had been a health care worker, but was no longer working. He had come to be HIV positive, and an order was sought protecting his identity from disclosure in the press. He had evidence that the NHS guidelines on notification of patients of having been treated. He declined to provide details of his … Continue reading H (A Healthcare Worker) v Associated Newspapers Limited: CA 27 Feb 2002
The complainant has requested information held in a named GP’s appraisal regarding a complaint he had made about that GP. The request was considered under the Data Protection Act 1998 and then under the FOIA. Under the DPA, the NHS North Lancashire Teaching Primary Care Trust informed the complainant that the GP’s appraisal did not … Continue reading NHS Commissioning Board (Decision Notice): ICO 3 Sep 2013
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
The complainant submitted a complaint to Hunter’s Bar Junior School about its provision of special educational needs support to his daughter. Under the Data Protection Act 1998 and the FOIA, he then requested information used in the consideration of this complaint. He also requested any public information the school held concerning the involvement of a … Continue reading Hunters Bar Junior School (Decision Notice): ICO 29 May 2013
Judges: Nugee J Citations: [2017] EWHC 3397 (Ch) Links: Bailii, Judiciary Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. . . See Also – Holyoake and … Continue reading Holyoake and Another v Candy and Others: ChD 21 Dec 2017
A request was made for a copy of the report of an independent inquiry panel set up to address concerns about the clinical governance of East Sussex Hospitals NHS Trust. The Trust provided a redacted copy, arguing that the withheld information was exempt under section 40 (Personal Data) and that part was subject to a … Continue reading East Sussex Hospitals NHS Trust (Decision Notice): ICO 8 Jun 2006
Applications for further disclosure on the grounds of collateral waiver. Judges: Nugee J Citations: [2017] EWHC 387 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 The claimants alleged several torts had been involved in a substantial fraud on them by means of a … Continue reading Holyoake and Another v Candy and Others: ChD 27 Feb 2017
The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. Judges: Hodge QC HHJ Citations: [2016] EWHC 2119 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Holyoake and Another v Candy and Others ChD 29-Nov-2016 Application by the Defendants for security … Continue reading Holyoake and Another v Candy and Others: ChD 27 Jul 2016
Application by the Defendants for security for costs. Judges: Nugee J Citations: [2016] EWHC 3065 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding loan. … Continue reading Holyoake and Another v Candy and Others: ChD 29 Nov 2016
Appeal against grant of ‘notification injunction’ Judges: Gloster VP CA, Jackson LJJ Citations: [2017] EWCA Civ 92 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 The claimants alleged several torts had been involved in a substantial fraud on them by means of a funding … Continue reading Candy and Others v Holyoake and Another: CA 28 Feb 2017
The claimant sought to have access to his personal information held by the defendant. The defendant relied upon the legal professional privilege exemption. Judges: Warby J Citations: [2017] EWHC 52 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Citing: See Also – Holyoake and Another v Candy and Others ChD 27-Jul-2016 … Continue reading Holyoake v Candy and Another: QBD 24 Jan 2017
The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001
The complainant requested details of a specific telephone call made to him by an official working in the Council’s taxi licensing department on a specified date. The complainant asked for a transcript of the call or a telephone bill showing the length and time of the call. South Gloucestershire Council stated that it did not … Continue reading South Gloucestershire Council (Decision Notice): ICO 11 May 2010
The complainant requested information from Wiltshire Council relating to the tax records of a particular family. The council said that the information was exempt under section 40(2) of the Freedom of Information Act 2000. The Information Commissioner decided that the council correctly determined that the information was exempt, although it should have cited the exemption … Continue reading Wiltshire Council (Decision Notice): ICO 18 Apr 2012
The claimant objected to the retention of data about him as to his attendance at assorted political protests. He had not engaged in criminality. Judges: Gross LJ, Irwin J Citations: [2012] EWHC 1471 (Admin), [2012] HRLR 23 Links: Bailii Statutes: European Convention on Human Rights 8, Data Protection Act 1998 Jurisdiction: England and Wales Cited … Continue reading Catt v The Commissioner of Police of The Metropolis: Admn 30 May 2012
The complainant requested all information held by the public authority in relation to surveillance it carried out on him. In particular, the complainant asked for copies of letters from a third party concerning the matter. The public authority cited several exemptions including section 40 of the Freedom of Information Act 2000. The Commissioner is satisfied … Continue reading South Gloucestershire Council (Decision Notice): ICO 3 Jan 2007
ICO The complainant requested a report commissioned by the police as part of an investigation into a perjury allegation made by him. The public authority refused to either confirm or deny whether it held information falling within the scope of the request and cited the exemptions provided by sections 30(3) (information relating to investigations), 38(2) … Continue reading West Mercia Police (Decision Notice): ICO 27 Oct 2009
The complainant requested a breakdown of the amount of money paid by the Office of the Legal Services Ombudsman (‘OLSO’) to its external solicitors to defend itself against a judicial review action brought against the OLSO by him. The OLSO confirmed that it held such information but considered it be exempt from disclosure on the … Continue reading Office of The Legal Services Ombudsman (Decision Notice): ICO 20 Nov 2008
Where information was given by a patient to the pharmacist, and he took the data, stripping out any possibility of the individual being identified, the duty of confidence which attached to the prescription was not breached by the passing on of the reduced quantity information to a third party who wished to provide a statistical … Continue reading Regina v Department of Health, Ex Parte Source Informatics Ltd: CA 21 Dec 1999
The complainant requested copies of any correspondence between council officers or between council officers and councillors that relate in any way to requests for information that he had made about ‘the Challenge panel papers’. The council relied on the exemption under section 36(2)(b)(i) and (ii). The Commissioner investigated and found that a small amount of … Continue reading Harrow Council (Decision Notice): ICO 29 Nov 2011
The complainant made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the ‘Act’) to the Plymouth Teaching Primary Care Trust (the ‘Trust’) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection … Continue reading Plymouth Teaching Primary Care Trust (Decision Notice): ICO 11 Dec 2008
The complainant requested details of a Vehicle and Operator Services Agency (‘VOSA’) examiner’s maintenance report and findings. VOSA refused this request under section 31 of the Freedom of Information Act 2000 (the ‘Act’). During the course of the investigation, VOSA also submitted that the information was exempt under section 32 of the Act. Having considered … Continue reading Vehicle and Operator Services Agency (Decision Notice): ICO 17 Sep 2007
ICO The complainant’s first request was for a breakdown of costs charged by Caerphilly County Borough Council for repairs to his home, its general schedule of rates, and the name of the national reference guideline that it used to determine those rates. The Council provided some information but withheld the remainder under section 43 of … Continue reading Caerphilly County Borough Council (Decision Notice): ICO 24 Mar 2009
ICO The complainant requested from Cambridgeshire County Council (the council) its most up to date adopted Policy on access to social care, domiciliary care, health and medical records for a deceased individual. The council disclosed its Data Protection Policy and confirmed it complied with the Data Protection Act 1998, the Freedom of Information Act 2000 … Continue reading Cambridgeshire County Council (Decision Notice): ICO 31 May 2011
The complainant requested information held by Wakefield Metropolitan District Council (the council) in relation to the settlement of employment tribunal proceedings brought by six former council employees under the Public Interest Disclosure Act 1998 who were dismissed for whistle blowing. In particular, he asked for the total amount paid to the former employees. The council … Continue reading Wakefield Metropolitan District Council (Decision Notice): ICO 14 Oct 2009
The complainant requested information about a complaint he made against a member of staff. The public authority informed the complainant that this information was exempt under section 40(2) and section 31(g) [sic]. After examining the requested information the Commissioner has determined that the information was in fact exempt by virtue of section 40(1) as it … Continue reading Her Majestys Courts Service (Decision Notice): ICO 18 Dec 2008
The complainant has requested information relating to the actions of a social worker at the London Borough of Enfield Council, the social worker previously reported the theft of a cat which the complainant had taken back to a cat charity after she found that its health was suffering in a care home. No action was … Continue reading London Borough of Enfield (Decision Notice): ICO 8 Jul 2013
The complainant requested information relating to the salaries of senior staff at the public authority. The public authority made limited disclosures within the scope of this request but withheld certain information which would identify individuals’ salaries. It argued that disclosure would be unfair and in contravention of the first principle of the Data Protection Act … Continue reading De Montfort University (Decision Notice): ICO 26 Jun 2008
The complainant requested information on the amount of money his opponent in legal proceedings had received in legal aid. The Legal Services Commission refused the request on the basis that the information constituted personal data about the complainant’s opponent and so was exempt under section 40(2) of the Act. The Commissioner agrees with the LSC … Continue reading Legal Services Commission (Decision Notice): ICO 23 Oct 2006
The complainant requested a copy of an internal Audit Report into allegations of financial irregularities made against the former Director of Research Governance of Sheffield Teaching Hospitals NHS Foundation Trust (the ‘Trust’), together with any background material regarding these allegations. This request was made under the Freedom of Information Act 2000 (the ‘Act’). The Trust … Continue reading Sheffield Teaching Hospitals NHS Foundation Trust (Decision Notice): ICO 27 Sep 2007
The complainant requested information from Calderdale Primary Care Trust concerning the date, place and time a named individual had received sex change surgery. The PCT responded in accordance with the provision of section 1(1)(a) of the Freedom of Information Act 2000. The Commissioner considers that the PCT was excluded from its duty to respond to … Continue reading Calderdale Primary Care Trust (Decision Notice): ICO 3 Mar 2011
Leeds County Court – The court considered the extent of the obligation imposed by s 8(2) of the 1998 Act. Held: The data controller is only required under the section to supply the individual with such personal data as is found after a reasonable and proportionate search. Judges: Behrens HHJ Citations: Unreported 24 April 2012 … Continue reading Elliott v Lloyds TSB Bank: 24 Apr 2012
Claims for misuse of private information and alleged breaches of the Data Protection Act 1998 Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 888 (QB) Links: Bailii Jurisdiction: England and Wales Information Updated: 06 May 2022; Ref: scu.675879
The complainant requested information from the North York Moors National Park Authority (the Authority) relating to a planning enforcement matter. The Authority withheld the requested information citing the exceptions in regulations 12(5)(b) (course of justice), 12(5)(e) (commercial confidentiality) and 13(2)(b) (personal information) of the Environmental Information Regulations (EIR). It is accepted by both parties that … Continue reading North York Moors National Park Authority (Decision Notice): ICO 10 Mar 2014
The complainant has requested a report containing complaints made against a Head Teacher at Chirbury Primary School. The School refused to provide the requested information and relied upon section 40(2) of the FOIA. It stated that the information was personal data and its release would breach principle 1 of the Data Protection Act 1998. The … Continue reading Chirbury CE VC Primary School (Decision Notice): ICO 4 Nov 2013
The claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights. Held: The court being in disagreement, the issue was referred to the CJEU. Judges: Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp Citations: … Continue reading Stunt v Associated Newspapers Ltd: CA 30 Jul 2018
The complainant has requested a Memorandum of Understanding, dated 7 October 2015, from St Thomas More Catholic Primary School, Eltham (‘the School’). The School provided part of the document, but redacted in full the section entitled Financial Responsibility under section 40(2) of the FOIA – Third party personal data. The Commissioner’s decision is that only … Continue reading St Thomas More Catholic Primary School, Eltham (Education): ICO 22 Jan 2018
The complainant requested information from the public authority relating to the senior employees employed at the Authority. The complainant requested the names of those senior employees that had their principal private residence within the boundary of the council borough and the names of the senior officers that pay council tax in the borough. The public … Continue reading Wrexham County Borough Council (Decision Notice): ICO 30 Apr 2007
ICO The complainant made six requests to Surrey County Council (‘the Council’) for information that focussed on a potential working relationship between two named individuals. Two of those requests were for the complainant’s own personal data and were considered under the Data Protection Act 1998 (DPA). The remaining four were considered by the Commissioner under … Continue reading Surrey County Council (Decision Notice): ICO 28 Jun 2011
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
This application raises issues concerning the relationship between the Data Protection Act 1998 and the winding-up of insolvent companies and the duties of liquidators. Held: The Joint Liquidators of a company did not take on the duties of a data controller as regards data held by the company before entering into liquidation Judges: David Richards … Continue reading In re Southern Pacific Personal Loans Ltd: ChD 8 Aug 2013
An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018
